You’ve taken the precise steps. You ready and rolled out an enforceable arbitration settlement to your staff. Not surprisingly in California, you have been sued. The Plaintiff, by power or voluntarily, agreed to arbitrate. You chose an arbitrator. The arbitrator units a due date for fee. The advantages of arbitration are at your fingertips. All you’ve left to do is pay the arbitrator’s price inside 30 days of the due date. You mail the test on the 27th day – in any case, that’s throughout the grace interval, proper? WRONG! Don’t throw away your aggressive edge by making a easy mistake. The arbitrator should obtain the fee inside 30 days of the due date. Below Code of Civil Process Part 1281.98(a)(1), an arbitrator should “paid inside 30 days after the due date” or else arbitration could also be forfeited. Merely sending a test inside 30 days doesn’t reduce it.
Mailing a test, even throughout the 30-day interval, isn’t enough if the arbitrator doesn’t obtain fee inside 30 days after the due date. Within the case of Jane Doe v. Superior Court docket of the Metropolis and County of San Francisco, Jane Doe introduced a movement to compel arbitration towards her employer. The trial court docket granted the movement and despatched the events to arbitration. Jane Doe’s deadline to pay the arbitrator’s price was October 3, 2022 (30 days after the September 1, 2022, due date). Jane Doe mailed her test on the previous Friday, September 30—5 days earlier than it was due. Nonetheless, the arbitrator didn’t obtain the test till October 5—two days after the deadline. The plaintiff requested the trial court docket to vacate the order compelling the events to arbitration and to require them to litigate in court docket. The trial court docket denied the request, and Plaintiff appealed.
The Court docket of Attraction “strictly” enforced the 30-day grace interval and vacated the trial court docket’s order—forcing the events again to court docket. The Court docket of Attraction rejected “that the proverbial test within the mail constitutes fee” and held that an arbitrator should obtain fee inside 30 days after the due date.
The Takeaway This can be a harsh ruling for California employers making an attempt to do the precise factor however reminder to make sure the arbitrator receives fee inside 30 days after the due date. You’ll want to calendar the due date of arbitrator’s charges and pay by the deadline. Calendar a reminder at the very least per week prematurely to get the fee out. Ensure to pay additional for monitoring or assured supply. After all, take into account paying by means of on-line fee portals or by wire. For the vital activity of imposing your arbitration settlement, don’t depend on the USPS’ common mail.